I am a single mother of 5yr old girl I was never married to her father and his name is not on her birth certificate my question is do I have full legal custody of her or do I have to file for custody. I afraid of him taking her for a visit and not bringing her back he has made threats to do so on more than one occasion though I don't think he would but I don't want to take any chances can you tell me where I stand legally?
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worried
- Thread Starter busymom03
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thank you for the feed back should I wait to see if he mentions custody or visitation? right now he is incarcerated but I know it's going to start all over again when he comes home and as long as continues this life style (selling drugs) I don't want him alone with her do I have the right insist on supervised visits?
He will have to go to court to ask for visitation. If he does, you can ask for supervised visits, but there's no guarantee you'll get it. On the one hand, his conviction will count against him, but on the other hand, it may be assumed that you were okay with his lifestyle when you had a child with him.
For now, there isn't anything you have to do, or can do, unless you are able to terminate his rights according to your state's statutes.
I would suggest that you not have any more contact with him.
For now, there isn't anything you have to do, or can do, unless you are able to terminate his rights according to your state's statutes.
I would suggest that you not have any more contact with him.
sunshine77
New Member
I am also a single mother with open visitation with my childrens father and if there is nothing in writing saying that he cant take your child he has just as much right as you do i know that doesnt sound fair but its the truth i am going through it now and had to get a restraining order to stop him from getting my kids from school and he in not on the birthcertificate and we have never been married either get something in writng from him that says he will have them back with you at a certain time make up a very informal schedule and have him sign it that way you will have a leg to stand on if he does take them
If he has never been legally established as the father, then he has no legal rights to the child(ren).
If you have a child support order, then that's a different story. Agreeing to pay child support, or failing to contest a child support order makes him a putative father.
Still, without a visitation order, you do not have to allow visitation.
If you plan to allow visitation, then you should have the protection of a court order that specifies visitation times and conditions. Don't rely on a statement he writes and signs, even if it's notarized. It won't hold up in court.
If you have a child support order, then that's a different story. Agreeing to pay child support, or failing to contest a child support order makes him a putative father.
Still, without a visitation order, you do not have to allow visitation.
If you plan to allow visitation, then you should have the protection of a court order that specifies visitation times and conditions. Don't rely on a statement he writes and signs, even if it's notarized. It won't hold up in court.
No there is no child support order in my case that's what triggered the threats of him taking her he was angry because I said was going to file for support because I was tired of fighting with him for help with her day care. I know it's selfish but right now the less involved he is the better if needed I will ask for supervised visitation until he becomes a more responsible parent. If I should decide to move out of jersey can he legally stop me?
He cannot prevent you from moving out of state with the child until he files for paternity/custody/visitation. If you file for child support, then he may file for visitation. If that happens, the court may order that the child remain in it's jurisdiction.
Even after you move, he has a certain amount of time to file for visitation/custody, which may result in an order to return the child to the court's jurisdiction. If he waits too long after the move, and you have met the residency requirements for your new state, then I think he will be out of luck in forcing you to return the child.
And once again, you can request supervised visitation, but there is no guarantee that you will get it if the judge determines that the father presents no danger to the child.
Even after you move, he has a certain amount of time to file for visitation/custody, which may result in an order to return the child to the court's jurisdiction. If he waits too long after the move, and you have met the residency requirements for your new state, then I think he will be out of luck in forcing you to return the child.
And once again, you can request supervised visitation, but there is no guarantee that you will get it if the judge determines that the father presents no danger to the child.
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